Access Authorization Not Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
March 28, 2024On February 28, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In May 2022, the Individual submitted a Questionnaire for National Security Positions that he was arrested for Driving Under the Influence (DUI) in 2011 and 2012. The Individual was arrested and charged with Driving While Intoxicated (DWI) in August 2022. He subsequently underwent a psychological evaluation with a DOE consultant psychologist (DOE Psychologist) who diagnosed the Individual with a Substance Use Disorder (SUD) and opined that the Individual had not shown adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had been abstinent from alcohol for approximately two months and had attended one session of alcohol treatment with his therapist. He also testified that he had been attending Alcoholics Anonymous meetings for less than two months. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation of the SUD. Ultimately, the Administrative Judge determined that the Individual had not mitigated the Guideline G concerns, and she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0006, Balzon)